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NW4-06-T14s-R3W GRANT OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT / THIS INDENTURE, made thiso~day of April, 2000, by and between UNIFIED SCHOOL DISTRICT NUMBER 305 (the "Grantor"), and the City of Salina, Kansas, a municipal corporation, (the "City"). WITNESSETH: The Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, and convey unto the City the following: Permanent Easement. A permanent easement in, through, over, and across a certain portion of land owned by the Grantor, for all rights of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, for purposes of constructing and maintaining public utilities, street drainage, street signage, and sidewalk improvements, in perpetuity. Temporary Construction Easement. A temporary construction easement, in, through, over, and across a certain portion of land owned by the Grantor, for all rights of ingress and egress of the City, its employees, contractors, and franchisees, for purposes of matching grade between project improvements and improvements such as driveways and sidewalks, for a term of two years commencing with the date of this Indenture. all as legally described on the attached and incorporated Exhibit A, and as depicted on the Engineering Drawings attached and incorporated as Exhibit B. IN WITNESS WHEREOF, the Grantor has signed this Indenture the day and year first above written. UNIFIED SCHOOL DISTRICT NUMBER 305 Jel~Lundgrin, Bo da~resident Attest: Michael Soetaert, Board Secretary STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this,~,'~5"~ay of April, 2000, before me, the undersigned, a notary public in and for the county and state aforesaid, came Jerry Lundgrin, Board President of Unified School District Number 305, and Michael Soetaert, Board Secretary, who are personally known to me to be the same persons who executed as such officers the within instrument of writing on behalf of Unified School District Number 305, and such persons duly acknowledged the execution of the same to be the act and deed of said District. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Public - Stat~ of Notary Public My appoimment expires: -,~' [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Unified School District No. 305 City of Salina Project 98-1138 Ohio Street, Tract 47 PERMANENT EASEMI~NT A tract of land in the Northeast quarter of Section 36, Township 14 South, Range 3 West of the 6m Principal Meridian described as follows: Commencing at thc Northeast corner of said Northeast qua~e~, thence Westerly along thc North line of said Northeast quarter on an assumed bearing ofN 89°36'09"W a distance of 679.76 feet; thence S 00°11'45"W a distance of Si.00 feet to the point of be~nnin~, thence continuing S 00°11'45~W a distance of 15.00 feet; thence N 89°36'09'W a distance of 1320.25 feet; thence N 00°11'45~E a distance of 15.00 feet; thence S gg°36'09~E a distance of 1320.25 feet to the point of beginning, containing 0.45 acres, more or less. CONSTRUCTION EASElVI-ENT Commencing at the Northeast comer of said Northeast quarter; thence Westerly along the North line of said Northeast quarter on an assumed bearing ofN 89°36'09~W a distance of 679.76 feet; thence S 00°11'45'W a distance of 70.00 feet to the point of be~nning; thence lq 89°36'09"W a distance of 1320.:25 feet; thence S 00°11'45"W a distance of 30.00 feet; thence S 89°36'09"E a distance of 13:20.:25 feet; thence lq 00°11'45"E a distance of 30.00 feet to the point of beginning, containing 0.91 acres, more or less. Exhibit A &COMPANY EASEMENT ACQUISITION ~..~/?.~ .,5~'~_ OWNER: USD ~$05 Boord of' Educofion Soufh High School SALINA, KS 67401 USD ~$05 Board of Educotion South High School / ~tl ~u~ ~r~ ~ RIP T IO N: "Th/~ does nof ~o~sfifute ~ /ego/survey, drying is for Exhibit B GRANT OF PUBLIC RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this~,-5'~7/Cday of April, 2000, by and between UNIFIED SCHOOL DISTRICT NUMBER 305 (the "Grantor"), and the City of Salina, Kansas, a municipal corporation, (the "City"). WITNESSETH: The Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, and convey unto the City the following: Public Right-of-Way. A public right-of-way for the purposes of constructing, repairing, replacing, and maintaining public street and drainage improvements, traffic signals, and public utilities, in perpetuity. Temporary Construction Easement. A temporary construction easement, in, through, over, and across a certain portion of land owned by the Grantor, for all rights of ingress and egress of the City, its employees, contractors, and franchisees, for purposes of matching grade between project improvements and improvements such as driveways and sidewalks, for a term of two years commencing with the date of this Indenture. all as legally described on the attached and incorporated Exhibit A, and as depicted on the Engineering Drawing attached and incorporated as Exhibit B. IN WITNESS WHEREOF, the Grantor has signed this Indenture the day and year first above written. UNIFIED SCHOOL DISTRICT NUMBER 305 Je~y/Lundgrin, Boart~sident Attest: ST, kTE 01' KANSAS ~CI~- riLED I~OR RECO;I) Michael Soetae~t, Board Secretary ..~-M Hr,~ ,3 - LUOU REC0~D£0 VOL '17.'5 ~ ~{~' , ~TPAGE~3~ ~ ~ m ~ o ~ .._ REG. 0F Sr~ OF ~S~S, S~ CO~Y, ss: CD~~ ~ (¢~, ~ BE IT ~MEMBE~D, that on this ~day of April, 2000, before me, the undersigned, a notaw public in ~d for the county ~d state aforesaid, came Je~ Lundgrin, Board President of Unified School District Number 305, and Michael Soetae~, Bo~d Secretary, who are personally known to me to be the same persons who executed as such officers the within instrument of writing on behalf of Unified School District Number 305, and such persons duly acknowledged the execution of the same to be the act and deed of said District. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. VANC~L /- ' " " Notary Public My appointment expires: [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Unified School District No. 305 City of Salina Project 98-1138 Ohio Street, Tract 46 RIGIiT OF WAY A trace of land in the parcel designated as School Grounds in the Plat of Belmont Addition to the City of Salina, Saline County, Kon~$ descn~d as follows: Beginning at the Northeast corner of said School Grounds pm'cel; thence Southwesterly along the Southeast line of said School Grounds parcel on an assumed bearing of S 53°20'00~W a distance of 294.00 feet; thence N 36°40'00%V a distance of 165.69 feet: thence N $7°$9'53%V a distance of 85.88 feet to a point on the North line of said School Grounds parcel: thence S $9°36'00~E along said North line a distance of 407.60 feet to the point of beginning, containing 0.77 acres, more or less. CONSTRUCTION EASEMENT A tra~t of land in the parcel designated as School Grounds in the Plat of Belmont Addition to the City of Salina, Saline County, Kansas described as follows: Commencing at the Northeast corner of said School Grounds parcel; thence Southwesterly along the Southeast line of said School Grounds parcel on an assumed bearing of S 53°20'00"W a distance of 294.00 feet to the point of beginning; thence N 36°40'00"W a distance of 165.69 feet: thence N 57°59'53"W a distance of 85.88 feet to a point on the North line of said School Grounds parcel: thence N 89°36'00"W along said North line a distance of 34.20 feet; thence S 62°08'36"E a distance of 114.95 feet; thence S 46~41'43"E a distance of 23.21 feet; thence S 37~24'14"E a distance of 119.88 feet; thence S 25°48'09'~E a distance of 20.16 feet to a point on the Southeast line of said School Grounds parcel; thence N 53°20'00~E along said Southeast line a distance of 7.30 feet to the point of beginning, containing 2114 square feet, more or less. Exhibit A I 'ILSO/I/ &C©MPANY EASEMENT ACQUISITION ~,~J..Z~_~,~ ~3'~ OWNER: USD ~'$05 Grace E. Stewart School SALINA, KS 67401 .... \ OHIO STREET Exist. R/W = 30.00' SL Sec. Line EAST LINE OF SOUTHEAST QUARTER OF SECTION 25, TI4S RSW L E O A L D E S C RIP T I0 N: "This does not constitute o legol survey, drawing is for Exhibit B SEE PAGE 2 OF 2 in£ormational purposes only." PAGE I OF 2 AGREEMENT BETWEEN CITY OF SALINA and USD 305 Capital Projects - Streets This Agreement is entered into this/t9 day of April, 2000 by and between the CITY OF SALINA, KANSAS (the "City") and UNIFIED SCHOOL DISTRICT NUMBER 305 CUSD 305"). Recitals A. The City of Salina and USD 305 both have major construction projects on or near Ohio Street scheduled for 2000. The City has the South Ohio Corridor Project, and USD 305 has its new Middle School project. The City's project requires the acquisition of right-of-way from USD 305, and the School District project requires certain improvements to public streets. B. In order the expedite each of these public improvement projects and most effectively use local tax dollars allocated to these projects, the City and USD 305 wish to cooperate on each of these important projects by taking the specific actions outlined in this agreement. THE PARTIES therefore agree: 1. Interests in Real Estate to be Conveyed. USD 305 agrees to convey to the City the public right-of-way, permanent easement, and temporary construction easement relating to both the north boundary of the South High School site adjacent to Magnolia Road and a portion of the Grace E. Stewart Elementary School site adjacent to the intersection of Ohio Street and Belmont Boulevard, as follows: a. South High School. Permanent easement and temporary construction easement in the form attached as Exhibit A-1, legally described on the attached Exhibit A-2, and depicted on the engineering drawing attached as Exhibit A-3. b. Grace E. Stewart. Public right-of-way and temporary construction easement in the form attached as Exhibit B-l, legally described on the attached Exhibit B-2, and depicted on the engineering drawing attached as Exhibit B-3. 2. Work to be Performed by City. In exchange for the grant of the interests in real estate described in paragraph 1, the City agrees to perform the following work: a. Re-landscape the area along Magnolia Road adjacent to South High School along with the re-landscaping of the similar area along the north edge of Jerry Ivey Park. The City and School District will consult and agree upon the landscaping and sidewalk plans. b. Re-landscape the area along the new section of Oxford/Wayne, connecting with Belmont Boulevard., adjacent to the east edge of the Grace E. Stewart School site. c. Construct the necessary public improvements to Circle Drive, east fi.om the North Ohio Street intersection, as outlined in the final plans for the new Middle School. d. Assume future responsibility for needed public improvements for pedestrian and traffic safety on North Ohio Street, as related to the New Middle School. 3. Execution of Right-of-Way Deed and Easements. Upon the approval and execution of this agreement, the authorized officers for USD 305 shall execute and deliver to the City the original documents conveying the interests in real estate described in paragraph 1 above. The City shall record those documents in the office of the Saline County Register of Deeds at the City's expense. 4. Possession. The City shall be entitled to possession of the fight-of-way, permanent easement, and temporary construction easements immediately upon receipt of the original documents conveying those interests from USD 305 to the City. The temporary construction easements shall be effective for a term of two years, commencing upon the date of the documents conveying the temporary construction easements. EXECUTED the date and year first above written by the duly authorized officers of the parties. CITY OF SALINA, KANSAS Shadwick, Mayor ATTEST: /~ Clerk UNIFIED SCHOOL DISTRICT 305 J~ LUndgrin, Bo ~da~resident 2 ATTEST: Micfih~l Soetaert, B6ard Secretary CITY OF SALINA, KANSAS City Attorney 129 South 8th Greg A. Bengtson P.O. Box 380 (913) 823-6325 Salina, KS 67402-0380 May 8, 2000 Hand delivered Barbara Weber Acting City Clerk City of Salina P.O. Box 736 Salina, KS 67402-0736 Re: South Ohio Corridor Improvement Project Dear Barbara: Enclosed is the following document for safekeeping in connection with the referenced project: Tract No. Name of Property Owner(s) Name of Document(s) 46 Unified School District No. 305 Agreement between City of Salina and U.S.D. 305 - Capital Projects - Streets; Grant of Right-of-Way and Temporary Construction Easement 47 " Grant of Permanent Easement and Temporary Construction Easement Sincerely, Sue Gray CLA, Legal Assistant to Greg A. Bengtson, City Attorney sg eric. cc. Shawn O'Leary, Director, Engineering & General Services, w/copies of documents